Legal Opinion

Schwertner Backhoe Services, Inc. v. Kirk (In re Kirk)

United States Bankruptcy Court, W.D. Texas

Decided January 28, 2015No. 11-11556; Adv. Proc. No. 11-01239PublishedCited by 24 opinions

1Opinion of the Court

MEMORANDUM OPINION

TONY M. DAVIS, UNITED STATES BANKRUPTCY JUDGE

In this case, a creditor seeks attorney’s fees for prosecuting a nondischargeability action involving a diversion of construction funds. The Court awards $12,420 of the attorney’s fees requested, as they are authorized by a Texas statute, and determines that the fees awarded are nondis-chargeable, as they arise from or are on account of conduct that resulted in a non-dischargeable debt.1

I. JURISDICTION

The Court has jurisdiction over this proceeding under 28 U.S.C. §§ 157 and 1334, and venue is proper under 28 U.S.C. § 1409(a).2 As…

2Cases cited28 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. Stern v. MarshallSupreme Court of the United States · 2011
  4. Arthur Andersen & Co. v. Perry Equipment Corp.Texas Supreme Court · 1997
  5. Tony Gullo Motors I, L.P. and Brien Garcia v. Nury ChapaTexas Supreme Court · 2006

23 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Husky International Electronics, Inc. v. Ritz (In re Ritz)United States Bankruptcy Court, S.D. Texas · 2017
  2. Dudley Construction, Ltd., Richard Mark Dudley, and Hartford Fire Insurance Company v. Act Pipe and Supply, Inc.Texas Supreme Court · 2018
  3. Trustmark Nat'l Bank v. Tegeler (In re Tegeler)United States Bankruptcy Court, S.D. Texas · 2018
  4. NF Clean v. Kakal (In re Kakal)United States Bankruptcy Court, S.D. Texas · 2019
  5. Hiner v. Koukhtiev (In re Koukhtiev)United States Bankruptcy Court, S.D. Texas · 2017

19 more not listed; retrieve them via the Exa API.

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